Nuclear Security Regulations (SOR/2000-209)

Entry Into Protected And Inner Areas

Entry into Protected Area

• 17 (1) No person shall enter a protected area without physical proof of the recorded authorization of the licensee.

• (1.1) In this section, site access security clearance means a clearance granted by a licensee to a person based on a security assessment for site access security clearances referred to in the Personnel Security Standard or on an equivalent security assessment.

• (1.2) A site access security clearance is valid for five years.

• (2) Subject to subsection (3), a licensee shall, before issuing an authorization to enter a protected area to a person, prepare an identification report that contains the following information and documents:

  • (a) the person’s name and date and place of birth;

  • (b) documentary proof of the person’s lawful presence in Canada;

  • (c) the address of the person’s principal residence;

  • (d) a photograph depicting a frontal view of the person’s face;

  • (e) the person’s occupation; and

  • (f) a copy of the site access security clearance for that person.

• (3) A licensee may issue an authorization to enter a protected area to a person without preparing an identification report if

  • (a) the person provides the licensee with documentary proof of the person’s name and address; and

  • (b) the authorization is issued subject to the condition that the person must be escorted within the protected area at all times by a person who has the recorded authorization of the licensee to enter that area and for whom the licensee has prepared an identification report.

• (4) No licensee shall permit a person who has an authorization issued under subsection (3) to enter or remain in the protected area unless the person is escorted at all times by a person who has the recorded authorization of the licensee to enter that area and for whom the licensee has prepared an identification report.

• (5) An authorization to enter a protected area may be issued for any term not exceeding five years and shall be subject to any terms and conditions that are necessary to minimize the risk to the security of the area.

• (6) Every licensee shall give to a person who has sought an authorization to enter a protected area, on the person’s request, a copy of any information or documents referred to in subsection (2) that the licensee possesses.

Verification of Identity

17.1 On the entry into a protected area of a person to whom an authorization referred to in subsection 17(1) has been issued, that person’s identity shall be verified by two separate personnel identity verification systems, one of which is an access card reader and the other of which is a biometric personnel identity verification device.

Authorizations

• 18 (1) Subject to subsection 20(1), no person shall enter an inner area without the recorded authorization of the licensee.

• (2) Subject to section 18.6, no person shall act as a nuclear security officer without the recorded authorization of the licensee.

• (3) Subject to subsection 20(2), no person shall act as a physical protection system support person without the recorded authorization of the licensee.

Security Clearance

18.1 A licensee shall, before issuing an authorization referred to in subsection 18(1) or (3) to a person referred to in that subsection, perform a credit check in respect of the person, obtain the information and documents referred to in paragraphs 17(2)(a) to (e) and grant a security clearance to the person that is valid for five years and is equivalent to a “Secret” level security clearance referred to in the Personnel Security Standard or higher.

Additional Requirements for Nuclear Security Officers

18.2 A licensee, before issuing an authorization referred to in subsection 18(2) to a person referred to in that subsection, shall satisfy the conditions set out in section 18.1 in respect of the person — other than the condition set out in paragraph 17(2)(b) — and shall obtain from the person

• (a) documentary proof that the person is a Canadian citizen or a permanent resident within the meaning of the Immigration and Refugee Protection Act;

• (b) a certificate, signed by a duly qualified medical practitioner, certifying that the person does not have a medical condition that would prevent them from performing the tasks that are likely to be assigned by the licensee;

• (c) a certificate, signed by a fitness consultant recognized by the Canadian Society for Exercise Physiology or a person with equivalent or higher qualifications, certifying that the person is physically able to perform tasks that are likely to be assigned by the licensee; and

• (d) a certificate, signed by a duly qualified psychologist, certifying that the person is psychologically able to perform tasks that are likely to be assigned by the licensee.

Included Authorizations

• 18.3 (1) An authorization referred to in subsection 18(2) or (3) includes an authorization to enter an inner area.

• (2) An authorization referred to in section 18 includes an authorization to enter a protected area.

Term of Authorization

18.4 An authorization referred to in section 18 may be issued for any term not exceeding five years and shall be subject to any terms and conditions necessary to minimize the risk to the security of the facility.

Copy of Information and Documents

18.5 Every licensee shall give to a person for whom an authorization referred to in section 18 has been sought, at the person’s request, a copy of any information or documents relating to the authorization in the licensee’s possession that were submitted to the licensee by or on behalf of the person.

Transitional Period

• 18.6 (1) Despite section 18.2, a nuclear security officer need not be granted the security clearance referred to in section 18.1 until one year after the coming into force of this section if he or she was a nuclear security guard immediately before that coming into force.

• (2) Despite section 18.2, a licensee need not obtain the certificates referred to in paragraphs 18.2(c) and (d) from a person referred to in that section until one year after the coming into force of this section.

List of Authorized Persons

• 19 (1) Every licensee shall establish and maintain a list of all persons to whom an authorization referred to in section 18 has been issued.

• (2) Every licensee shall, upon request, provide the list to the Commission or a person who is designated as an inspector under section 29 of the Act.

Authorization for Escorted Access

• 20 (1) A person who does not have an authorization referred to in subsection 18(1) may enter an inner area if they do so for the purpose of performing duties required by the licensee and they have the written authorization of the licensee.

• (2) A person who does not have an authorization referred to in subsection 18(3) may act as a physical protection system support person if they do so for the purpose of performing duties required by the licensee and they have the written authorization of the licensee.

Required Information

20.1 A licensee shall, before issuing an authorization referred to in subsection 20(1) or (2), obtain the following information:

• (a) the name of the person for whom the authorization is sought;

• (b) the address of the person’s principal residence;

• (c) the name and business address of the person’s employer; and

• (d) documentary proof of the person’s lawful presence in Canada.

Conditions

• 20.2 (1) A licensee shall, when issuing an authorization referred to in subsection 20(1), make it subject to the condition that the person must be escorted at all times within the inner area by two persons who have the authorization referred to in either subsection 18(1) or (2).

• (2) A licensee shall, when issuing an authorization referred to in subsection 20(2), make it subject to the condition that the physical protection system support person must be escorted at all times

  • (a) within the protected area by a person who has the authorization referred to in subsection 18(3); and

  • (b) within the inner area, by two persons, one of whom has the authorization referred to in subsection 18(3) and the other of whom has the authorization referred to in subsection 18(1), (2) or (3).

• (3) No licensee shall permit a person who has an authorization referred to in section 20 to enter or remain in an inner area or act as a physical protection system support person unless they are escorted at all times as required by subsection (1) or (2).

Prohibition on Permitting Access to Protected Area or Inner Area

20.3 Except as otherwise provided in this Part, no licensee shall permit any person to enter or remain in a protected area or an inner area unless the person is a member of an off-site response force, a peace officer or a member of another external emergency response force who requires access to that area for the purpose of carrying out their duties.

Revocation of Authorization by Licensee

• 21 (1) A licensee shall revoke an authorization issued under section 17, 18 or 20 if

  • (a) there are reasonable grounds to believe that the person who has the authorization poses or could pose a risk to the security of a facility;

  • (b) the person is no longer employed by or otherwise under contract to the licensee;

  • (c) the duties or functions of the person have been completed, suspended or otherwise terminated; or

  • (d) the authorization is no longer required by the person in order for them to perform their duties.

• (2) Subject to subsection (3), a licensee shall immediately notify the Commission in writing of any revocation made under subsection (1) and the reasons for it.

• (3) If a revocation is in respect of an authorization under section 17, a licensee need not inform the Commission of the revocation and the reasons for it unless the revocation was made because there were reasonable grounds to believe that the person to whom the authorization was issued posed or could have posed a risk to the security of the facility.

22 [Repealed, SOR/2006-191, s. 22]

Unlocking and Opening Means of Entry into Inner Area

• 23 (1) No licensee shall permit a gate, door, window or other means of entry or exit in the structure or barrier that encloses an inner area to be unlocked, opened or kept open unless

  • (a) it is kept open only for the time required to allow the passage of persons or things into or out of the inner area; and

  • (b) while it is open, it is kept under the direct visual surveillance of a nuclear security officer who is dedicated exclusively to that task.

• (2) No licensee shall permit a gate, door, window or other means of entry or exit in the structure or barrier that encloses an inner area to be unlocked from the outside unless it is unlocked by two persons who are authorized to enter the inner area in accordance with section 18, only one of whom is a nuclear security officer.

Unauthorized Persons

• 24 (1) No licensee shall permit an unauthorized person to enter or remain in a protected area or an inner area.

• (2) If a person sees anyone in a protected area or an inner area who the person believes, on reasonable grounds, is not authorized to be in the area, the person shall immediately report that fact to the nearest nuclear security officer.

Monitoring and Preventing Entry

25 Every licensee shall ensure that weapons and explosive substances are not taken into a protected area or an inner area unless they are under the control of a nuclear security officer or a member of an on-site nuclear response force or an off-site response force.

Monitoring and Preventing Removal

26 Every licensee shall ensure that Category I, II or III nuclear material is not removed from a protected area or an inner area unless the removal is carried out in accordance with a licence.

Searches

• 27 (1) Every licensee shall post, at the entrance to each protected area and inner area, a sign that is visible to any person who is about to enter the area, stating that the licensee may not permit persons to

  • (a) enter the area unless they allow a nuclear security officer to search them and everything in their possession, including any land vehicle, for weapons and explosive substances; and

  • (b) leave the area unless they allow a nuclear security officer to search them and everything in their possession, including any land vehicle, for Category I, II or III nuclear material.

• (2) Subject to section 27.1, no licensee shall permit any person to enter or leave a protected area or an inner area unless

  • (a) on entering the area, the person and everything in their possession, including any land vehicle, has been searched for weapons and explosive substances and, in the case of a land vehicle, for unauthorized persons, by a nuclear security officer, who is physically present using appropriate detection and screening devices; and

  • (b) on leaving the area, the person and everything in their possession, including any land vehicle, has been searched for Category I, II or III nuclear material by a nuclear security officer using devices capable of detecting that material.

• (3) [Repealed, SOR/2006-191, s. 24]

• (4) No licensee who has a reasonable suspicion that a person who is in a protected area or an inner area has in their possession weapons or explosive substances that are not under the control of a nuclear security officer or a member of an on-site nuclear response force or an off-site response force or has in their possession Category I, II or III nuclear material without the authorization of the licensee shall permit the person to remain in either area without the person and everything in their possession, including any land vehicle, being searched by a nuclear security officer for the weapons, explosive substances or nuclear material.

• (5) A search of a person conducted under this section shall be

  • (a) a non-intrusive search carried out by means of a hand-held scanner, a walk-through scanner or any similar device; and

  • (b) if a nuclear security officer determines that it is necessary in order to maintain security, a frisk search carried out by a person of the same sex as the person being searched and extending from head to foot, down the front and rear of the body, around the legs and inside clothing folds, pockets and footwear.

• (6) [Repealed, SOR/2006-191, s. 24]

Exception to Search Requirements

• 27.1 (1) The search requirements set out in subsection 27(2) do not apply to a nuclear security officer or a member of an on-site nuclear response force who is entering a protected area or an inner area on foot, or who requires emergency access to or egress from a facility, as the case may be, for the purposes of carrying out their duties, if their identity as a nuclear security officer or a member of that force has been verified in accordance with section 17.1.

• (2) The search requirements set out in subsection 27(2) do not apply to a member of an off-site response force, a peace officer or a member of another external emergency response force who requires emergency access to or egress from a facility, as the case may be, for the purpose of carrying out their duties, if

  • (a) they provide identification or other evidence that satisfactorily establishes that they are a member of an off-site response force, a peace officer or a member of another external emergency response force;

  • (b) the purpose of their emergency access to or egress from the facility is verified by a nuclear security officer; and

  • (c) while at the facility, they are escorted in the manner set out in subsection 17(4) or 20.2(1), as the case may be.